Bill Summary – FastDemocracy

Legislative Analysis
                                                                             Phone: (517) 373-8080
SEIZURE TRAINING AND SEIZURE ACTION PLAN
                                                                             http://www.house.mi.gov/hfa
House Bill 5329 as introduced                                                Analysis available at
Sponsor: Rep. Kara Hope                                                      http://www.legislature.mi.gov
Committee: Education
Complete to 6-17-24
SUMMARY:
       House Bill 5329 would amend the Revised School Code to require the Michigan Department
       of Education (MDE) to develop training in seizure recognition and treatment and to require all
       school districts, intermediate school districts (ISDs), and public school academies (PSAs, or
       charter schools) to provide seizure training to school nurses and school personnel. School
       districts, ISDs, and PSAs also would have to ensure that their students who are being treated
       for a seizure disorder have a seizure action plan on file.
               School personnel would mean a school administrator, guidance counselor, teacher,
               school secretary, office secretary, or other relevant school employee with direct contact
               and supervision of students, such as bus drivers and classroom aides.
       Beginning with the 2025-2026 school year, the board of a school district or ISD or board of
       directors of a PSA would have to require that all school personnel employed by, or assigned to
       work at, a school operated by those entities successfully complete seizure recognition and
       seizure first-aid response training biennially. The training would have to include all of the
       following:
               • Instruction on common seizure types.
               • Seizure first-aid steps to assist a student who is having a seizure.
               • Information on key factors that make a seizure a medical emergency.
               • Guidance for ways to support students living with epilepsy.
       The board of a district or ISD or board of directors of a PSA would have to require that all of
       its school nurses or school personnel designated to administer medications complete seizure
       recognition and seizure first-aid response training that includes training on medication
       administration. The training would have to include all of the following:
               • Information on common seizure types and potential triggers and risk factors for
                   seizures and emergencies.
               • Guidance on ways in which treatment of epilepsy may affect a student’s health,
                   safety, or learning.
               • Instruction on seizure first aid to assist a student during and after a seizure.
               • Education on seizure action plans for students with epilepsy and using safe
                   practices for medication administration and delegation.
House Fiscal Agency                                                                           Page 1 of 3
           Under the bill, MDE would have to develop guidelines for both of the trainings described
           above. These guidelines would have to be consistent with those developed by the Epilepsy
           Foundation. 1
           Also, the board or board of directors would have to ensure that each of its students being treated
           for a seizure disorder has a seizure action plan, which would have to be submitted by the
           student’s parent or guardian and be made a part of the student’s school record. The action plan
           would have to include the student’s name and the name and purpose of any medication
           prescribed to the student, its dosage, the route and frequency of its administration, and the
           circumstances under which it may be administered. The board or board of directors would have
           to make sure that the seizure action plan was made accessible to all school personnel who are
           responsible for the student to whom the plan applies.
           Upon written permission by the student’s parent or guardian, the board or board of directors
           would have to ensure that at least two employees of the student’s school are designated by a
           school administrator to administer seizure medication to the student in compliance with the
           instructions of a physician, as long as the prescription is on file at the school. (The board or
           board of directors would have to ensure that its local policy complied with this provision.)
           MDE would have to identify, develop, and adopt appropriate revisions to any of its medication
           administration guidelines, including those relating to the training needs and requirements for
           the administration and maintenance of seizure medication, to allow for this in-school
           administration. Also, any such medication would have to be one approved by the U.S. Food
           and Drug Administration.
            Finally, under the bill, a district, ISD, PSA, or a board, board of directors, or employee of any
           of those entities who acted in good faith in comply with these provisions would not be liable
           for civil damages or subject to criminal prosecution, unless the act or omission amounted to
           gross negligence. (This provision would not eliminate, limit, or reduce any other immunity or
           defense under state law.)
           Proposed MCL 380.1179c
BACKGROUND:
           The bill is substantially similar to House Bill 4970 of the 2021-22 legislative session, as that
           bill was passed by the House of Representatives.
FISCAL IMPACT:
           The bill would increase costs for the state and for local school districts, ISDs, and PSAs.
           MDE would incur an indeterminate cost increase to develop guidelines regarding seizure
           recognition and first aid training and to revise guidelines regarding medication administration.
           A district, ISD, or PSA would incur an indeterminate cost increase to ensure that all school
           personnel complete the seizure recognition and first aid training on a biennial basis and to
1
    https://www.epilepsy.com/preparedness-safety/schools
House Fiscal Agency                                                       HB 5329 as introduced   Page 2 of 3
       ensure that all school nurses or personnel designated to administer medications complete a
       training designed for school nurses. A district, ISD, or PSA with a pupil who is being treated
       for a seizure disorder will incur additional costs to ensure a seizure action plan is made a part
       of the pupil's record and accessible to all relevant school personnel, and, if applicable, ensure
       that at least two employees are designated to administer medication to the pupil.
                                                          Legislative Analyst: Josh Roesner
                                                             Fiscal Analysts: Jacqueline Mullen
                                                                               Noel Benson
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                                   HB 5329 as introduced   Page 3 of 3
Statutes affected: 
House Introduced Bill: 380.1, 380.1852